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HomeMy WebLinkAboutInternational Line Builders Inc; 2019-09-09;;......, ._·. CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area This Property Use Agreement ("Agreement"), effective retroactive to September 9, 2019, is made and entered into by and between the City of Carlsbad, a California Charter City, ("CITY") and International Line Builders, Inc. a California corporation ("PERMITTEE"). RECITALS WHEREAS, CITY is owner of that certain vacant real property situated in the City of Carlsbad, County of San Diego, State of California, commonly referred to as Fleet Maintenance property, located at 2480 Orion Street, which is hereinafter called the "Premises", and is generally depicted and illustrated on a sketch thereof marked Exhibit "A", attached hereto and by this reference made part of this Agreement. WHEREAS, PERMITTEE is a contractor working on the Street Light Replacement project located throughout the city of Carlsbad (the "Project"). WHEREAS, PERMITTEE is desirous of using 1,500 square-feet located on the Premises as a temporary storage area for its construction crews, vehicles, material and equipment to facilitate the Project, and CITY consents to said temporary use of the Premises by PERMITTEE under the terms and conditions set forth in this Agreement. NOW THEREFORE, the parties hereto in accordance with the terms, covenants, conditions and provisions contained herein, mutually agree as follows: SECTION 1: USES 1.01 Premises. CITY hereby authorizes PERMITTEE, in accordance with the terms, covenants, conditions and provisions of this Agreement, the non-exclusive use of the Premises. In return for this permission, PERMITTEE hereby agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this Agreement. 1.02 Uses. It is expressly agreed that the Premises shall be used by PERMITTEE solely and exclusively for the purpose of temporary storage of material while performing work related to the Project. At any time during the use of the Premises by PERMITTEE, PERMITTEE shall be required to fence the Premises as determined by CITY, if the CITY deems it necessary in the interest of public safety. PERMITTEE covenants and agrees to use the Premises for the above specified purposes only and to diligently pursue said purposes throughout the term hereof. In the event that PERMITTEE fails to continuously use the Premises for said purposes, or uses the Premises for purposes not expressly authorized herein, the PERMITTEE shall be deemed in default under this Agreement, and this Agreement shall be subject to immediate termination. 1 SECTION 2: TERM CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 2.01 Effective Date. This Agreement shall be effective retroactive to September 9, 2019 once approved and executed by the CITY (Effective Date). The term of this Agreement shall be for approximately four and a half (4.5) months commencing on the Effective Date of this Agreement and expiring on January 31, 2019. 2.02 Term Extension. The term and conditions of this Agreement may be extended on a month-to-month basis by mutual written consent of both parties. 2.03 Termination Provisions. Notwithstanding any other provisions contained in this Agreement, either party may terminate this Agreement for any reason whatsoever by giving the other party at least thirty (30) days prior written notice of such termination. SECTION 3: Property Use Payment 3.01 Property Use Payment. PERMITTEE shall pay CITY the sum of Five Hundred Dollars ($500.00) per month as rent for the use of the Premises by PERMITTEE. Payment of rent shall be made in advance, without demand, on the first (1st) day of each month PERMITTEE occupies the Premises. Rent shall be made payable to the order of the "City of Carlsbad" and delivered to the address listed in Section 5.04, below. Proration of rent shall be made on a 30-day month basis. 3.02 Utilities. PERMITTEE, at its sole cost, agrees to order, obtain, remove and pay for all utilities and any related service and installation charges in connection with the use, occupation and operation of the Premises. SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnity. PERMITTEE shall indemnify and hold harmless the CITY and its officers, agents and employees against all claims for damages to persons or property arising out of the conduct of the PERMITTEE or its employees, agents, or others in connection with its use and occupation of the Premises under this Agreement, except only for those claims arising from the sole and active negligence or sole willful conduct of the CITY, its officers, agents, or employees. PERMITTEE'S indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the CITY, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, PERMITTEE at its own expense shall, upon written request by the CITY, defend any such suit or action brought against the CITY, its officers, agents, or employees. 2 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 4.02 Insurance. PERMITTEE shall take out and maintain at all times during the term of this Agreement the following insurance at its sole expense: a. PERMITTEE shall maintain the following minimum limits: General Liability Combined Single Limit Per Occurrence General Aggregate $2,000,000 $4,000,000 b. All insurance companies affording coverage to the PERMITTEE shall be required to add the City of Carlsbad as "additional insured" under the insurance policy(s) required in accordance with this Agreement. Insurance coverage provided to the City as additional insured shall be primary insurance and other insurance maintained by the City, its officers, employees, agents, and representatives shall be excess only and not contributing with insurance provided pursuant to this Section 4.02. c. All insurance companies affording coverage to the PERMITTEE shall be insurance organizations acceptable to the CITY, and authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. d. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Carlsbad should the policy be cancelled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. e. PERMITTEE shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the CITY, concurrently with the submittal of this Agreement. f. PERMITTEE shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the PERMITTEE to provide such a substitution and extend the policy expiration date shall be considered a default by PERMITTEE and subject to immediate termination of this Agreement. g. Maintenance of insurance by the PERMITTEE as specified in this Agreement shall in no way be interpreted as relieving the PERMITTEE of any responsibility whatever and the PERMITTEE may carry, at its own expense, such additional insurance as it deems necessary. h. If PERMITTEE fails or refuses to take out and maintain the required insurance, or fails to provide the proof of coverage, CITY has the right to obtain the insurance. PERMITTEE shall reimburse CITY for the premiums paid with interest at the maximum allowable legal rate 3 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area then in effect in California. CITY shall give notice of the payment of premiums within thirty (30) days of payment stating the amount paid, names of the insurer(s) and rate of interest. Said reimbursement and interest shall be paid by PERMITTEE on the first (1st) day of the month following the notice of payment by CITY. Notwithstanding the preceding provisions of this Subsection, any failure or refusal by PERMITTEE to take out or maintain insurance as required in this Agreement, or failure to provide the proof of insurance, shall be deemed a default and immediate termination of this Agreement. i. CITY, at its discretion, may require the revision of amounts and coverage at any time during the term of this Agreement by giving PERMITTEE thirty (30) days prior written notice. CITY'S requirements shall be designed to assure protection from and against the kind and extent of risk existing on the Premises. PERMITTEE also agrees to obtain any additional insurance required by CITY in order to meet the requirements of this Agreement. 4.03 Accident Reports. PERMITTEE shall, within seventy-two (72) hours after occurrence, report to CITY any accident causing property damage or any serious injury to persons on the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. SECTION 5: GENERAL PROVISIONS 5.01 Maintenance. With respects to PERMITTEE'S use, occupation and operations at or on the Premises, PERMITTEE shall make all repairs and replacements necessary to maintain and preserve the Premises in a decent, safe, healthy, and sanitary condition satisfactory to CITY and in compliance with all applicable laws. Upon the expiration or earlier termination of this Agreement and PERMITTEE's surrender of the Premises, PERMITTEE, at its sole cost and expense, shall restore the Premises to its condition prior to occupancy by PERMITTEE, normal wear and tear excepted. In the event that the Premises are not in a decent, safe, healthy, and sanitary condition, CITY shall have the right, upon written notice to PERMITTEE, to have any necessary work done at the expense of PERMITTEE, and PERMITTEE shall promptly pay any and all costs incurred by CITY in having such necessary maintenance work done, in order to keep said Premises in a decent, safe, healthy, and sanitary condition. PERMITTEE shall make payment no later than ten (10) days after written notice from the CITY. Further, if at any time CITY determines that said Premises are not in a decent, safe, healthy, and sanitary condition, CITY may at its sole option, upon written notice, require PERMITTEE to file with CITY a faithful performance bond to assure prompt correction of any condition which is not decent, safe, healthy, and sanitary. Said bond shall be in an amount adequate in the opinion of CITY to correct the said 4 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area unsatisfactory condition. PERMITTEE shall pay the cost of said bond. The rights reserved in this section shall not create any obligations on CITY or increase obligations elsewhere in this Agreement imposed on CITY. 5.02 Signs. PERMITTEE shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising without the prior written consent of CITY. If any such unauthorized item is found on the Premises, PERMITTEE shall remove the item at its expense within twenty-four (24) hours of written notice thereof by CITY, or CITY may thereupon remove the item at PERMITTEE'S cost. 5.03 Taxes. PERMITTEE shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon PERMITTEE or the Premises, including, any structures, machines, equipment, or other improvements or property of any nature whatsoever erected, installed, or maintained by PERMITTEE or levied by reason of the business or other PERMITTEE activities related to the Premises, including any licenses or permits. PERMITTEE recognizes and agrees that this Agreement may create a possessory interest subject to property taxation, and that PERMITTEE may be subject to the payment of taxes levied on such interest, and that PERMITTEE shall pay all such possessory interest taxes. 5.04 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To CITY: City of Carlsbad City Manager's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 To PERMITTEE: International Line Builders Michael Aguirre -Project Manager 3955 Temescal Canyon Road Corona, CA 92883 951-836-7225 Michael.aguirre@ilbinc.com Either party may change its address by notice to the other party as provided herein. 5 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. 5.05 Entire Agreement. This Agreement comprises the entire integrated under- standing between CITY and PERMITTEE concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to CITY. The PERMITTEE shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions, which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.06 Agreement Modification. This Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by the parties hereto. 5.07 Assignment and Subletting-No Encumbrance. This Agreement and any portion thereof shall not be assigned, transferred, or sublet, nor shall any of the PERMITTEE'S duties be delegated, without the express written consent of CITY. Any attempt to assign or delegate this Agreement without the express written consent of CITY shall be void and of no force or effect. Consent by CITY to one assignment, transfer, sublease, or delegation shall not be deemed to be consent to any subsequent assignment, transfer, sublease, or delegation. 5.09 Regulations. All use of the Premises under this Agreement shall be in accordance with the laws of the United States of America, the State of California and in accordance with all applicable rules, regulations and ordinances of the City of Carlsbad now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by State or 6 Federal law. CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area SECTION 6: SPECIAL PROVISIONS 6.01 Hazardous Substances. No goods, merchandise or material shall be kept, stored or sold in or on the Premises which are in any way explosive or hazardous, except that ordinary business materials that may be classified as hazardous may be kept in or on the Premises if such materials are stored and disposed of in accordance with all applicable laws; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said Premises, which will cause an increase in the rate of or cause a suspension or cancellation of the insurance upon the demised Premises or other premises and the improvements thereon; provided, however, that if anything done by PERMITTEE causes an increase in the rate of insurance on the Premises, PERMITTEE may, at its option, pay such increase and PERMITTEE shall not thereafter be considered in default under this Agreement. No machinery or apparatus shall be used or operated on or about the Premises which will in any way injure the Premises or improvements thereon, or adjacent or other premises, or improvements thereon, or to persons; provided, however, that nothing contained in this section shall preclude PERMITTEE from bringing, keeping or using on or about the Premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its said business, or from carrying on its business in all usual respects. Open flame welding or burning, gasoline, or other fuel storage is expressly prohibited without prior written consent of the CITY. Remainder of This Page Left Blank 7 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area IN WITNESS WHEREOF the parties hereto do hereby agree to the full performance of the covenants herein contained and have caused this Property Use Agreement to be executed, by the authorized representatives of the parties having the ability to bind the parties to the terms and conditions contained herein, as of the day and year written above. "CITY" THE CITY By:---\-___;,~~----- Name: ~~lcJ Title: c~'J'( t'l"'°NN'x:r' Date: i'5N.1J\c [~ "PERMITTEE" International Line Builders, Inc. By: /4_/ 4'? 7 7 Name: A.,.1.( /k, It') Title: \J.P. C,v,I Ot741>,,.,u,U.I By: b-, IL~ r Name: Br~ P., 1-h .• \~ .... : ~ f Title: As~ Sec/Ve h-g Date: I"/,._,., ! 141 NOTARY ACKNOWLEDGMENTS OF PERMITTEE'S SIGNATURE(S) MUST BE ATTACHED If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Grouo A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney /1 By: __ ___::.',_..:::.__;__,..L.,~c...._ __ 8 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validitv of that document. State of California County of r2•v:eiu,{;:k before me. Boin@ l,..,lc JL111nci.t, ,Jcl}-q~j?ubli C, (insert name and title of the officer) personally appeared A4zndld fk?!~J. Vic.;., P@/1denl- who proved to me on the basis of satisfactory evidence to be the person~ whose name~ islefe- subscribed to the within instrument and acknowledged to me that heishei-lhey executed the same in his/hefll:heir authorized capacityties). and that by hisJhefll:heir signature~ on the instrument the person~. or the entity upon behalf of which the person(.} acted. executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~-···········f .. ,..?,~ ~.., BRENDA MCKINNEY -; • Notary Public · California • i J • .,; ! Riverside County ? ~ .,"' Commission I 2278125 - ·• ,., My Comm. Expire5 Feb 19. 2023 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validitv of that document. State of California County of 1;21wen&e ) before me.t3eend0 H c.G4n~ Nc,1,g~ B,bliLt (insert name andtitleo/ the officer) personally appeared I- who proved to me on the basis of satisfactory evidence to be the person(&} w o e name~ islefe- subscribed to the within instrument and acknowledged to me that hcishelthey executed the same in his/hefflt'leir authorized capacity(ies). and that by hisJt'lefflt'leir signature~ on the instrument the person~. or the entity upon behalf of which the person~ acted. executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~m~e,p (Seal) CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area EXHIBIT "A' __ ........ -.. FLEET MAINTENANCE CENTER .. .,~ 9 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) I.-...---' 06/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER --~NTA1,;1 Marsh USA Inc. NAME: 333 South 7th Street, Suite 1400 ~!~Q~~ -... I ft~ Nol: Minneapolis, MN 55402-2400 E-MAIL ADDRESS: INSURERISIAFFORDING COVERAGE NAIC# CN102299309-ILBR-GAWX-19-20 INSURER A : libertv Mutual Fire Ins Co 23035 INSURED INSURER B : Associated Electric & Gas Ins Services ltd 3190004 International Line Builders 2520 Rubidoux Blvd INSURER c: Libertv Insurance Cornnration 42404 PO Box 3039 INSURER D: Riverside, CA 92509 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· CHl-009270482-02 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOvVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR 1".DP_L IS_~~~ POLICY NUMBER ,:SM%~, .~~~%~, LIMITS A X COMMERCIAL GENERAL LIABILITY 182-641-005097-049 01/01/2019 01/01/2020 EACH OCCURRENCE $ 2,000,000 -==i CLAIMS-MADE 0ocCUR g~~~~iJ9E~~~J~r?ence1 -$ 1,000,000 MED EXP (Any one person) $ 10,000 -2,000,000 PERSONAL & ADV INJURY $ - GEN"L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 ~ [IjPRO-O,oc PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY AI2-641-005097-059 01/01/2019 01/01/2020 ~~~~~d~~?NGLE LIMIT $ 2,000,000 ✓ - X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-O'fl/NED fp~~~~c~le~t~AMAGE X X $ -AUTOS ONLY -AUTOS ONLY $ " UMBRELLA LIAB H OCCUR XL5063408P 01/01/2019 01/01/2020 EACH OCCURRENCE $ 5,000,000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 ✓ OED I I RETENTION$ $ C WORKERS COMPENSATION WAl-64D-005097 019 (AOS) v11v .. ~~1.:1 01/01/2020 X I ~frruTE T TOTH- AND EMPLOYERS' LIABILITY ER YIN "Includes 'Slop-Gap" ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~~i~t~t-rng~ ~nFdgPERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Street Lighting Replacement Program -Phase 1 Contract No. 6062. The City of Carlsbad is/are included as additional insured under general liability per the attached CG 2010 and CG 2037 endorsements and does not include professional liability coverage. Excess liability applies to general liability, products and completed operations, automobile liability, and employers liability. Blanket Waiver of Subrogation, where allowed by law, applies for Workers' Compensation per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE clo EXIGIS Insurance Compliance Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 4668 -ECM #35050 ACCORDANCE WITH THE POLICY PROVISIONS. New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee J,l.a."""'°""' ~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Polley Number: AI2-641-005097-059 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modllles Insurance provided under the followlng: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of other Person(s)/ Email Address or malllng Organlzatlon(s): address: Per schedule of certificate holders Per schedule of certificate holders on file with the Company on file with the Company Number Days Notice: 90 ' A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown In the Schedule above. We will send notice to the email or malling add"ess listed above at least 10 days, or the number of days listed above, If any, before the cancellation becomes effective. In no event does the notice to the third party exceed the nctlce to the first named Insured. B. This adVance notlflcatlon of a pending cancellation of coverage Is Intended as a courtesy only. our failure to provide such adVance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 0511 © 2011, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Page 1 of 1 POLICY NUMBER: TB2-641-005097-049 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance prOl,jded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SecHon II -IMlo Is An Insured is amended to include as an additional insured the person(s) or organizallon(s) shown In the Schedule. but only with respect to liability for "bodily injury". "property d21T1age" or "personal and ad"1!!1'1ising injury" caused, in whole or in pa1, by. 1. Yrur acts or omissions: or 2. The acts or omissions a those acting on ,our behalf; in the performance of yrur ongoing operations for the addltional insured(s) al the location(s) designated abc,,,,e. Howewr: 1. The insurance afforded to such addltlonal insured only applies to the eictent permitted by law: and 2, If ca.eage pl'O'Aded to the addltional Insured is required by a contra:! or agreement, the insurance afforded to such addltional insured will not be broader than thal which ;ou iwe required by the contra:! or agreement to prOl,jde for such addltional insured. B. With respect to the insurance afforded to these addltional insureds, the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occuning a'ter: 1. All work, including materials, pa'ls or equipment furnished in connection with such work, on the project (other than sen.ice, maintenance or repairs) to be performed by or on behalf of the addltional insured(s) at the location a the covered operations has been completed: or 2. Thal portion a ";our work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contra:tor or subcontractor engaged in performing operliions for a principal as a pa'! of the same project. C. With respect to the insurance afforded to these additiooal insureds, the following is added to Secdon Ill -Limits Of Insurance: If cc,,,,erage pro.-ided to the addltional insured is required by a contract or agreement, the mast we will P<II on behalf of the additional insured Is the amrunt of insurance: 1. Required by the contra:! or agreement: or 2. Available under the applicable Limits a Insurance shown in the Deda-ations: whichewr is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Decla-alions. SCHEDULE CG 20100413 © Insurance Services Office, Inc .. 2012 Page 1 of 2 SCHEDULE (rontlnued) Name Of Addldonal lns1.red Person(s) Or Organlzatlon(s): 1. Any person or organization with whom you have agreed n writilg in a ooriraa a agreement, prior to an 11occurrence11 or 11offense'1, that such persa, or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the ooriraa or agreement descriled n Item (1) ab011e Locadon(s) Of CO\lel"ed Operadons All locations as required by a written contra:! or agreement entered into prior to an 'occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Deda-ations. CG20100413 © lnsura,ce Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB2-641-005097-049 COMMERCIAL GENERAL LIABILITY CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insura,ce pl'Ol.1ded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COM"LETED OPERATIONS LIABILITY COVERAGE PART A. Section II -\lllho Is An lnSU"ed is anended to include as a, additiooal insured the person(s) or organizl!iion(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property danage• caused, In whole or in part. by ";(>ur wak" Ii the location designlied a,d described in the Schedule of this endorsement psformed for thli additional insured a,d included in the "products-completed cperalioos hazard". However: 1, The insurance afforded to such additiooal insured only applies to the edent permitted by IM; and 2. If COv'e'age pr01Aded to the additiooal insured is required by a contract or agreement, the lnsura,ce afforded to such additional insured will net be broader than thli IM'lich yoo are required by the contract or agreement to prOJide for such additiooal insured. B. With respect to the insura1ce afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage pr01Aded to the a:lditional insured is required by a contract or agreement. the most we will P<!Y on behalf cl the additiooal insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits cl I nsura1ce shown in the Decla-alioos; whichever is less. This endasernent shall net increase the applicable Limits of Insurance shown in the Dedaralioos. SCHEDULE Name Of Addltlonal lnslftd Person(s) Or Organlzatlon(s): Any persoo or organizalioo with v.t,om 'fOU haw agreed n writilg n a cortraa or agreement, prior to an ''occurrence'' or ''ofl'ense", that such persoo or organization be added as an additional insured on yoor policy; and 2. Any ether person or organization you are required to add as an additional insured under the contract or agreement described n item (1) above. Location And Desalptlon Of Completed Operations All locations as required by a Wlitten contract or agreement entered irto prior to a, "occurrence" or offense. lnformlltion required to complete this Schedule, if not shown above, will be shown in the Decla-ations. CG 20370413 © lnsura,ce Sen.ices Office. Inc .. 2012 Page 1 of 1 Policy Number TBl-641-005097-049 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance prO\Aded under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Email Adci"ess or mailing adct-ess: Nlmber Days Notice: Organization(s): Per Schedule of certificate 90 holders on file with the Comoanv A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown In the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to prO\Ade such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other tenns and conditions of this policy remain unchanged. UM 9901 0511 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its pennission. Page 1 of 1 NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this pOlicy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We wll send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, If any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named Insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the pOlicy. Schedule Name of other Person(s) / Organlzatlon(s): Emall Address or malling address: Number Days Notice: 90 Per schedule of certificate hOlders on file wtth the company Per schedule of certificate holders on file with the company All other terms and conditions of this pOlicy remain unchanged. Issued by Uberty Insurance Corporation 21814 For attachment to Polley No. WA7-64D-05097-0l 9 Effective Date Issued to Centennial Energy Holdings, Inc. WC 992075 Ed. 12/01/2016 © 2016 Uberty Mutual Insurance Premium$ Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in Alaska, Kentucky and New jersey Schedule Where required by contract or written agreement prior to loss and allowed by law In the states of Alabama, Arizona, Arkansas, Colorado, Georgia, ldahO, Illinois, Indiana, Kansas, Michigan, Mississippi, Missouri, Montana, Nevada, New Mexico, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, West Virginia the premium charge is 2% of the total manual premium, subject to a minimum premium of $100 per policy. In the states of Florida. Iowa. Nebraska. Oregon the premium charge is 1 % of the total manual premium, subject to a minimum premium of $250 per policy. In the stale of Hawaii the premium charge is $10,919 and determined as follows: The premium charge for this endorsement is 1% of the total manual premium subject to a minimum premium of $250 per policy. In the state of Louisiana the premium charge Is 2% of lhe Iota! standard premium subject to a minimum premium of $250 per policy. In the state of Massachusetts the premium charge is 1 % of the total manual premium. In the slates of New York, Tennessee the premium charge is 2% of the total manual premium, subject to a minimum premium of $250 per policy. WC 00 0313 Ed. 411/1984 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Issued by: libert-y Insurance Corporation ?1814 For attachment to Polley No WA7-64D-00S097-0~9 Effective O.,e January 1, 2019 Issued lo: Centennial Energ)I Holdings, Inc. WC0D0313 Ed. 4/111984 © 1983 National Council on Compensation Insurance, Inc. Premium$ Page 2 of 2